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REGISTEREE No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY

No. 43] NEW DELHI, SATURDAY, DECEMBER 19 1964/AGRAHAYANA 28, 1886

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 19th December, 1964/Agrahayana 28, 1886 (Saka)

The following Act of Parliament received the assent of the President on the 18th December, 1964, and is hereby published for general information: —

THE ANTI-CORRUPTION LAWS (AMENDMENT) ACT, 1964

No, 40 OF 1964

[18th December, 1964]

An Act further to amend the Indian Penal Code, 1860, the Code of Criminal Procedure, 1898, the Criminal Law Amendment Ordinance, 1944, the Delhi Special Police Establishment Act, 1946, the Prevention of Corruption ACT, 1947. and the Criminal Law Amendment Act. 1952.

BE it enacted by Parliament in the Fifteenth Year of the Republic

of India as follows: —

1. This Act may be called the Anti-Corruption Laws (Amend- Short title ment) Act, 1964.

2, In the Indian Penal Code.-

(7) in section 21,-

Amend- ment of Act 45 of 1860.

(i) for clause Third, the following clause shall be sub-

stituted, namely:--

"Third.—Every Judge including any person empower- ed by law to disrharge, whether by himself or as a

(393)

member of any body of persons, any adjudicatory func- tions;";

(ii) in clause Fourth, after the words "officer of a Court of Justice", the brackets and words "(including a liquida- tor, receiver or commissl.tner)" shall be inserted;

(Hi) in clause Ninth, the words "and every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty" shall be omitted;

(iv) for clause Twelfth, the following-clause shall be substituted, namely: —

"Twelfth.—Every person—

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as denned in section 617 of the Companies Act, 1956."; i of ¹⁹⁵⁶.

(v) Explanation 4 shall be omitted;

(2) in section 161, section 162 and section 163, after the words "the Legislature of any State", the words and figures "or with any local authority, corporation or Government company referred to in section 21" shall be inserted-

3. In the Code of Criminal Procedure, 1898,-

(1) in section 198B,—

Amend- ment of Act 5 of 1898.

(a) in sub-section (1), the brackets and words "(other than the offence of defamation by spoken words)" shall be omitted;

(b) after sub-section (5). the following sub-sootion shall be inserted, namely': —

" (5A) Every trial under this section shall be held in camera if either party thereto so desires or if the Court of Session so thinks fit to do.";

(c) after sub-section (13}, the following sub-section shall be inserted, namely: —

"(14) When? s cnso. is instituted under this section for the trial of an offence, nothing in sub-section (13) shall be construed as requiring a complaint to be made also by the person aggrieved by such offence ";

(2) in sub-section (2) of section 222, for the words "dis- honest misappropriation of money, it shall be sufficient to specify the gross sum", the words "dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property" shall be substituted;

(3) in sub-section (2) of section 492, for the word3 "The State Government", the words '"The Central Government or the State Government" shall b^ substituted;

(4) in sub-section (1) of section 495, for the words "general- ly or specially empowered by the State Government", the words "generally or specially empowered by the Central Government or the State Government" shall be substituted.

4. In the Schedule to the Criminal Law Amendment Ordinance, 1944, after item 4, the following item shall be inserted, namely: —

Amend- ment of Ordinance 38 of 1944.

"4/L An offence punishable under section 5 of the Prevention of Corruption Act, 1947.".

2 of 1947.

5. In the Delhi Special Police Establishment Act, 1946, in section 5, after sub-section (2), the following sub-section shall be inserted, namely: —

Amend- ment of Act 25 of 1D46.

"(3) Where any such order under sub-section (/) is made in relation to any area, then, without prejudice to the provisions of sub-section (2), any member of the Delhi Special Police Estab- lishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge o. a police station discharg- ing the functions of such &n officer within the limits of his station,".

6. In the Prevention of Conuption AcL. 1947,—

(1) in section 4,—

Amend- ment of Act 2 of 1947.

(a) in sub-section {i), after the words and figures "or section 165 of the Indian Penal Code", the words, brackets, letters and figures "or of an oilence referred to in clause (a) or clause (b) of sub-sccliou (7) of section 5 of this Act punishable; under sub-section (2) thereof" shall be inserted;

(b) in sub-section (2), after the words, figures and letter "section 165A of the Indian Penal Code", the words, brackets and figures- "or under cl:mse (n) of sub-sertion (3) of section 5 of this Art" shall be inserted;

(2) in section 5,—

(a) in sub-section (/),--

(i) the words "in tht; discharge of his duty" shall be omitted;

(ii) in clause {d), the word ",or" shall be inserted at tho end and after clause (d) as so amended, the fol- lowing clause shall be inserted, namely :—

*' (e) if he or any person on his behalf is in pas- session or has, at any time during the period of his office, been In possession, for which the public ser- vant cannot satisfactorily account, of pecuniary re- sources or property disproportionate to his known sources of income.";

(b) in sub-section (2), the words "in the discharge ot his duty" shall be omitted;

(c) for sub-sections (2A) and (3), the following sub- sections shall be substituted, namely: —

"(3) Whoever habitually commits—

(i) an offence punishable under section 162 or

section 163 of the Indian Penal Code, or 49 of I860,

(ii) an offence punishable under section 165A of

the Indian Penal Code,

shall be punishaible with imprisonment for a term which shall not be less than one year but which may extend to seven yearsT and shall also be liable to fine: .

Provided that the court may, for any special reasons recorded in writing, impose a sentence of imprison- ment of less than one year.

(3A) Whoever attempts to commit an offence re- ferred to in clause (c) or cleuse (d) of sub-section (I) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(3B) Where a sentence of fine is imposed under sub-section (-) or sub-section (3), the court in fixing the amount of fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in clause (c) ot sub-section (1), the pecuniary resources or property referred io in that clause for which the accused person is unable to account satisfactorily";

(3) for section 5A, the following section shall be substituted, namely: —

•'5A, (1) Notwithstanding anything contained in the j 5 of 1898. Code of Criminal Procedure, 1898, no police officer below the cases

under thii „,, rank,—

A ct (a) in the case of the Delhi Special Police Establish- ment, of an Inspector of Police;

(b) in the presidency-towns of Calcutta and Madras, of an Assistant Commissioner of Police;

(c) in the presidency-town of Bombay, of a Superin- tendent of Police; and

(d) elsewhere, of a Deputy Superintendent of Police,

shall investigate any offence punishable under section 161, 40 of 1880. section 165 or section 165A of the Indian Penal Code or under section 5 of this Act without the order of a Presidency Magis- trate or a Magistrate of the first class, as the case may be, or make tiny arrest therefor without a warrant:

Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Govern- ment in this behalf by general or special order, he may also investigate any such offence without the order of e Presi- dency Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant:

Provided further that an offence referred to in clause (e) of sub-section (1) of section 5 shall not be investi- gated without the order of a police officer not below the rank of a Superintendent of Police.

(2) If, from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under sub-section (1) and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers' books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers' books in so far as they relate to the accounts of the person suspected to have committed that offence or of any other per- son suspected to be holding money on behalf of such per-

son, end take or cause to be taken certified copies of the relevant entries therelrorn, and the bank concerned shall be bound to assist the police ufrlcer in the exercise of hia powers under this sub-section:

Provided that no power under this sub-section in rela- uon to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police.

18 of 1891.

Explanation.—in this sub-section, the expressions "bank" nnd "bankers' books" shall have the meanings assigned to them in the Bankers' Books Evidence Act, 1891.";

(4) in sub-seation (I) of section G, after the word, brackets

and figure "sub-section (-)", the words, brackets, figure and letter "or sub-section (3A)" shall be inserted;

(5) after section 6, the following section shall be inserted,

namely: —

a 5 of 1896 Parti- culars in a charge in rela- tion to an offence under section 5 (I) (c);

"6A. Notwithstanding anything contained, in the Code of Criminal Procedure, 1898, when an accused is charged with an offence under clause (c) of sub-section {1) of section 5, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been com- mitted, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 234 of thtf rcr.d Code:

Provided that the time included between the first and

lost of such dates shall not cxcppd cne year,";

(6) in section 7, the words, brackets and figure "sub-section

(2) of" shall be omitted;

(7) after section 7, the following section shall be inserted,

namely: —

5 of 1898.

45 of li "7A. The provisions of the Code of Criminal Procedure, 1898, shall, in their application to any proceeding in relation to an offence punishable under section 161, section 165 or section 165A of the Indian Penal Code or under section 5 of this Act, have effect as if,—

The Code of Crimin- al Proce- dure, 1898, to apply sub] ect to certain modifica- tions.

(a) in sub-section (#) of section 251A, for the words "The accused shall then be called upon", the words "The accused shall then be required to give in writing

at once or within such time 33 the Magistrate may allow, a list of the persons (if any) whom he proposes to exa- mine as his witnesses and of the documents (if any) on which he proposes to rely, and he shall then be called upon" had boon substituted;

(b) in sub motion (1A) of section 344, after the second prc/iso. iht¹ following proviso had been inserted, namely: —

'Provided also that the proceeding shall not be adjourned or postponed merely on the ground that .in application under section 435 has been made by a party to the proceeding.";

(c) in sub-section (2) of section 435, before the Ex- planation, the following proviso had been inserted, namely: —

"Provided that where the powers under this sub-section rre exercised by a Court on an applica- tion made by a party to such proceedings, the Court shall not ordinarily coll for the record nf the pro- ceeding—

(a) without giving the other party an opportunity of showing causp why the record should not be railed for; or

(b) if it is satisfied that an examination of the record of the proceeding may be made from the certified copies thereof;

and in any case, the proceedings, before the inferior Court shall not be stayed except for reasons to be recorded in writing.";

(d) nftrr suh section (2) of section 540A, the follow- ing sub-section h^d been inserted, namely: —

u (rt) Notwilnstandinp anything contained in sub-section (J) or sub-section (2). the Judge or Magistrate may, i£ he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the '-•vidence of any witness, subiect (0 the right of the accused to racall the witness for cross-irxamination.";

(8) in section 8, after the word, hrackets und figure "sub- section (2)", the words, brackets, figurp and letter "or sub-sec- tion i;iA)" shnll \v inserted

Amend-

ment of

Act 46

of 1902.

7. In the Criminal Law Amendment Act, 1952, in clause (a) of sub-section (1) of section 6, the words, brackets and figure "sub- section (2) of" shall be omitted

R. C. S. SARKAR, Secy, to the Govt, of India.

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